Amendment of List of Exempt Native Specimens - Victorian Rock Lobster Fishery - deletion (11/09/2009)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a comprehensive framework for the protection of the environment and biodiversity, particularly focusing on the regulation of activities that may have a significant impact on matters of national environmental significance. The Act was introduced to address the need for a cohesive and robust legislative approach to environmental protection that could operate alongside state and territory laws, ensuring a coordinated effort to conserve Australia's unique ecosystems and species. The EPBC Act is administered by the Commonwealth Parliament, with a policy objective to integrate environmental considerations into decision-making processes, thereby protecting and conserving biodiversity. This legislative instrument amends the list of exempt native specimens under Section 303DC of the EPBC Act, specifically removing certain specimens derived from fish or invertebrates taken in the Victorian Rock Lobster Fishery from the list. The amendment was made following appropriate consultations with relevant state authorities, as mandated by Subsection 303DC(3) of the EPBC Act, which requires consultation with other Ministers and relevant persons before altering the list of exempt specimens. The legislative instrument was registered on the Federal Register of Legislative Instruments and took effect the day after registration.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity within Australia, and its territories and waters. The Act applies to a broad range of entities, including individuals, corporations, and government agencies, and encompasses various industries and conduct that may impact the environment. Specifically, this legislative instrument amends the list of exempt native specimens under section 303DB of the EPBC Act, affecting the trade control provisions that apply to regulated native specimens. The amendment removes certain fish and invertebrate specimens taken in the Victorian Rock Lobster Fishery from the list of exempt native specimens, unless they belong to species listed under Part 13 of the EPBC Act. This change applies nationally, as the Act is a Commonwealth legislation. The amendment process involved consultation with relevant stakeholders, including the Victorian Minister for Fisheries and the Victorian Department of Primary Industries, due to their management responsibilities over the fishery. The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003, and it commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of the legislative instrument, F2009L03606, pertain to the amendment of the list of exempt native specimens under Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This Act sets forth the list of native specimens that are exempt from trade control provisions applicable to regulated native specimens. Specifically, Section 303DB allows for the establishment of such a list. The instrument modifies this list by removing certain specimens, namely those fish or invertebrate specimens taken in the Victorian Rock Lobster Fishery, unless they are species listed under Part 13 of the EPBC Act. This change means that these specimens will now be subject to the same trade controls as regulated native specimens. The obligations imposed by this Act primarily revolve around ensuring that the trade of certain fish and invertebrate specimens taken within the Victorian Rock Lobster Fishery is now subject to the same regulations as other regulated native specimens. This includes adhering to the trade control provisions that were previously not applicable to these specimens. The Act also mandates consultation with relevant authorities and stakeholders, as outlined in Section 303DC(3). This means that before making any amendments to the list of exempt specimens, the Minister for the Environment, Heritage and the Arts must consult with other Commonwealth Ministers, State Ministers, and relevant departments or organisations. In this particular case, the Delegate of the Minister for Environment, Heritage and the Arts consulted with the Victorian Minister for Fisheries and the Victorian Department of Primary Industries, due to their management responsibilities over the fishery. The consequences for breaching the provisions of this Act can be significant. While the specific offences and penalties are not detailed in the explanatory statement, the general framework of the EPBC Act provides for both civil and criminal penalties for non-compliance. For example, under Section 474 of the Act, unauthorised actions that result in the destruction of a listed threatened species or ecological community can attract criminal penalties, including substantial fines and imprisonment. Additionally, civil penalties can be imposed for breaches of the Act, as outlined in Section 528. These may include significant monetary fines, and in some cases, orders for the restoration of damaged environments or ecosystems. The precise penalties depend on the nature and severity of the breach, as well as any relevant circumstances surrounding the offence.